After Fall River arrests, anti-panhandling law ruled unconstitutional by Massachusetts Supreme Judicial Court
Updated Dec 15, 2020;
The Massachusetts Supreme Judicial Court issued a decision Tuesday deeming a state statute banning panhandling unconstitutional, ruling that homeless people can ask for donations on public roads just like anyone else.
In a 23-page decision authored by Justice Barbara Lenk, the SJC states the statute infringed upon the individuals’ First Amendment rights. Lenk called the law both overly broad and “underinclusive”, targeting protected speech while failing to target activities that could affect traffic safety.
“There can be little doubt that signaling to, stopping, or accosting motor vehicles for the purpose of soliciting donations on one’s own behalf poses no greater threat to traffic safety than engaging in the same conduct for other non-prohibited or exempted purposes, such as gathering signatures for a petition, flagging down a taxicab, s
The John Adams Courthouse in Boston, home of the state s Supreme Judicial Court. (Robin Lubbock/WBUR)
Massachusetts Supreme Judicial Court is sending a strong message about how courts should consider prisoners requests for release because of the coronavirus pandemic. In a ruling involving two prisoners, the high court explicitly says the risk of the virus needs to weigh heavily in decisions about releasing those sentenced and appealing their convictions. The SJC approved both prisoners requests for stays of their sentences. We transferred the cases here so that we could address a variety of issues concerning stays of sentences pending appeal, including, among others, the important and recurring question of how judges who are faced with requests for stays ought to weigh the COVID-19 pandemic as a factor in determining whether a stay is appropriate in any given case, Justice Elspeth Cypher wrote in the ruling.
I was very pleased this morning to see this new
Atlantic piece authored by two Ohio state jurists, Judge Pierre H. Bergeron of the Ohio Court of Appeals and Justice Michael P. Donnelly of the Ohio Supreme Court. Because I have had the honor of participating in ongoing efforts to improve sentencing data in the Buckeye State, I knew I was going to like the piece when I saw its full title: How a Spreadsheet Could Change the Criminal-Justice System: A lack of data instills trial-court judges with enormous, largely unrestrained sentencing power. And the full piece, which I fully recommend, does a terrific job of advocating against allowing sentencing to occur in dangerous darkness because of the absence of sound and accessible sentencing data. Here are some excerpts from the piece (with links from the original):
Lansing, Mich., Aug 13, 2019 / 03:28 am (CNA).- Lawmakers in Michigan are considering ending public funding for a program that counsels pregnant women on alternatives to abortion, prompting concern from the Michigan Catholic Conference, which has been advocating for the program since its inception five years ago.
The program, administered by a nonprofit called Real Alternatives, began in Pennsylvania in 1996 and has since helped thousands of women, across several states, facing unplanned pregnancies by providing counseling and material resources such as baby formula and other necessities. The program expanded its operations to Michigan beginning in June 2014 with the backing of the Michigan Catholic Conference (MCC).
Massachusetts Top Court Upholds Governor s Emergency COVID-19 Orders medscape.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from medscape.com Daily Mail and Mail on Sunday newspapers.